Mertens v. Mertens

A former husband appeals an order finding him in contempt for willfully and deliberately violating an earlier order for temporary support. The contempt order gave the former husband the opportunity to purge himself of the contempt, but ordered that he was otherwise to surrender himself on a day certain to be incarcerated for up to 179 days. We affirm the trial court’s determination of contempt. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985).

Part of the contempt order, however, is impermissible to the extent that it allows for prospective incarceration without due process protection. Phillips…